Blood alcohol tests are administered to individuals who are suspected of driving under the influence in Sacramento. Determining an individual’s blood alcohol concentration (BAC) helps law enforcement to determine how much alcohol is currently in the individual’s system, and subsequently, whether a DUI arrest should be made. Under California Vehicle Code Section 23152(b), a person is considered intoxicated by legal standards if his or her blood alcohol concentration is 0.08% or higher.
It is important to remember that the blood alcohol test is supposed to determine the blood alcohol concentration of the individual during the time that the motorist was operating his or her vehicle. In some cases, there can be a significant difference between an individual’s blood alcohol concentration at the time that they were pulled over and at the time the test was administered.
Blood alcohol tests play a crucial role in all DUI cases. In many instances, it is the person’s BAC that leads law enforcement to make an arrest in the first place. A person’s blood alcohol concentration also plays an important role in the Administrative Per Se DMV hearing held to contest the terms of an individual’s license suspension. Because blood alcohol testing results are so vital to both the criminal and DMV court proceedings, it is imperative to ensure that the results were properly collected, that the conditions in which the BAC test was administered were appropriate, and that the individual who administered the test was certified to do so.
Even the slightest error in BAC testing may lead to life-altering legal consequences for an individual arrested for DUI. By hiring a reputable Sacramento DUI Law office, an attorney will be able to investigate the results of an individual’s BAC test, question the people who administered the tests, request for a blood re-test, and find any hidden errors which may have negatively influenced test results.
Finding a qualified California DUI attorney ASAP after being arrested for drinking and driving in Sacramento is vital to the outcome of your case. This cannot be stressed enough.
Source: Lawrence Taylor
Q.When a police officer pulls me over and asks if I had been drinking, how should I answer him?
A.By law, an individual is not required to answer any questions that could incriminate them. An individual is allowed to ask to speak with an attorney before answering any questions. If you do state that you have been drinking, you are putting yourself in a dangerous position.
Q. When a police officer asks me to follow a penlight what does he look for?
A.This test is called the horizontal gaze nystagmus (HGN) test. Nystagmus is the medical term that describes a particular eye oscillation. The steadiness of the eyes while following the pen and the degree at which the eyes begin to move erratically indicate the level of alcohol in the blood of the suspect. The police officer attempts to determine if the angle of the eyes are less than 45 degrees. An angle of less than 45 generally indicates a blood-alcohol level of .05% or greater.
The horizontal gaze nystagmus test is still fairly new and has not been accepted for use in many states. Many medical professionals don not consider this test to be credible. It is also possible that some police officers performing this test are not qualified to administer the test. The untrained officer may not be able to negotiate the proper angle and hence misjudge nystagmus. Although approved in other states, this test is not accepted for use in California.
Q.Can I choose with chemical test I can take?
A.In California, the most popular choices are the breath and blood tests. Should a breath or blood sample not be available or there be a suspicion of drug use, a urine test could be taken as an alternative. Many officers do not inform suspects that they can have a blood test taken after the breath sample is taken.
Blood tests are the most accurate of the chemical tests. The technology used in the breathalyzer is known for its flaws and errors that create inaccurate test results. The urine test is the least accurate of the choices.